Ohio § 4301.03

§ 4301.03.

The liquor control commission may adopt and promulgate, repeal, rescind, and amend,

in the manner required by this section, rules, standards, requirements, and orders

necessary to carry out this chapter and Chapter 4303. of the Revised Code, but all

rules of the board of liquor control that were in effect immediately prior to April

17, 1963, shall remain in full force and effect as rules of the liquor control commission

until and unless amended or repealed by the liquor control commission.  The rules of the commission may include the following: (A) Rules with reference to applications for and the issuance of permits for the manufacture,

distribution, transportation, and sale of beer and intoxicating liquor, and the sale

of alcohol;  and rules governing the procedure of the division of liquor control in

the suspension, revocation, and cancellation of those permits; (B) Rules and orders providing in detail for the conduct of any retail business authorized

under permits issued pursuant to this chapter and Chapter 4303. of the Revised Code,

with a view to ensuring compliance with those chapters and laws relative to them,

and the maintenance of public decency, sobriety, and good order in any place licensed

under the permits.  No rule or order shall prohibit the operation of video lottery terminal games at

a commercial race track where live horse racing and simulcasting are conducted in

accordance with Chapter 3769. of the Revised Code or the sale of lottery tickets issued

pursuant to Chapter 3770. of the Revised Code by any retail business authorized under

permits issued pursuant to that chapter. No rule or order shall prohibit pari-mutuel wagering on simulcast horse races at a

satellite facility that has been issued a D liquor permit under Chapter 4303. of the

Revised Code.  No rule or order shall prohibit a charitable organization that holds a D-4 permit

from selling or serving beer or intoxicating liquor under its permit in a portion

of its premises merely because that portion of its premises is used for the conduct

of a bingo game, as described in division (O) of section 2915.01 of the Revised Code .  As used in this division, “charitable organization” has the same meaning as in division (H) of section 2915.01 of the Revised Code .  No rule or order pertaining to visibility into the premises of a permit holder after

the legal hours of sale shall be adopted or maintained by the commission. (C) Standards, not in conflict with those prescribed by any law of this state or the

United States, to secure the use of proper ingredients and methods in the manufacture

of beer, mixed beverages, and wine to be sold within this state; (D) Rules determining the nature, form, and capacity of all packages and bottles to be

used for containing beer or intoxicating liquor, except for spirituous liquor to be

kept or sold, governing 1 the form of all seals and labels to be used on those packages and bottles; (E) Rules requiring the label on every package, bottle, and container to state all of

the following, as applicable: (1) The ingredients in the contents; (2) Except for beer, the terms of weight, volume, or proof spirits; (3) Except for spirituous liquor, whether the product is beer, wine, alcohol, or any

intoxicating liquor; (4) Regarding beer that contains more than twelve per cent of alcohol by volume, the

percentage of alcohol by volume and that the beer is a “high alcohol beer.” (F) Uniform rules governing all advertising with reference to the sale of beer and intoxicating

liquor throughout the state and advertising upon and in the premises licensed for

the sale of beer or intoxicating liquor; (G) Rules restricting and placing conditions upon the transfer of permits; (H) Rules and orders limiting the number of permits of any class within the state or

within any political subdivision of the state;  and, for that purpose, adopting reasonable

classifications of persons or establishments to which any authorized class of permits

may be issued within any political subdivision; (I) Rules and orders with reference to the hours of the day during which and the persons

to whom intoxicating liquor of any class may be sold, and rules with reference to

the manner of sale; (J) Rules requiring permit holders buying beer to pay and permit holders selling beer

to collect minimum cash deposits for kegs, cases, bottles, or other returnable containers

of the beer;  requiring the repayment, or credit, of the minimum cash deposit charges

upon the return of the empty containers;  and requiring the posting of such form of

indemnity or such other conditions with respect to the charging, collection, and repayment

of minimum cash deposit charges for returnable containers of beer as are necessary

to ensure the return of the empty containers or the repayment upon that return of

the minimum cash deposits paid; (K) Rules establishing the method by which alcohol products may be imported for sale

by wholesale distributors and the method by which manufacturers and suppliers may

sell alcohol products to wholesale distributors. Every rule, standard, requirement, or order of the commission and every repeal, amendment,

or rescission of them shall be posted for public inspection in the principal office

of the commission and the principal office of the division of liquor control, and

a certified copy of them shall be filed in the office of the secretary of state.  An order applying only to persons named in it shall be served on the persons affected

by personal delivery of a certified copy, or by mailing a certified copy to each person

affected by it or, in the case of a corporation, to any officer or agent of the corporation

upon whom a service of summons may be served in a civil action.  The posting and filing required by this section constitutes sufficient notice to

all persons affected by such rule or order which is not required to be served.  General rules of the commission promulgated pursuant to this section shall be published

in the manner the commission determines. 1

 Prior and current versions differ.  Although no amendment to this language was indicated

in 2021 H 110, “governing” appeared as “and governing” in 2016 H 37.